Date: June 15, 2005
Time: 4:00 PM
Location: Wellfleet Senior Center
Commissioners Present: Edwin Reynolds, Co-Chair, Ginie Page, Co-Chair, John DiBlasio, Cyndi Moe, Abby Franklin, and Paul Banner.
Regrets: Dottie Dolan
Staff Present: Hillary Greenberg, Conservation Agent, David Flaherty, Assistant Conservation Agent, and Christine Bates, Committee Secretary
Meeting called to order at 4:00P.M. by Co-Chair Ed Reynolds
Business Meeting:
Ginie Page moved to have Agents Greenberg and Flaherty get permission to operate the room divider at the Senior Center in order to keep noise at a minimum for the hearings; seconded by Cyndi Moe; passed 5-0.
Ginie Page moved to accept the Meeting Minutes of June 1, 2005 with amendments; seconded by John DiBlasio; passed 6-0.
Mr. Berry of Moby Dick’s came to the table to discuss the various violations he was notified of. Reynolds asked about the new fill in the marsh area. Berry stated he has done nothing different than he has in the past years. He stated a water line was replaced on the cottage. He puts mulch and seashells on the property. Moe recommended he contact the Commission in the future when he does anything to the property due to any potential disturbance to the marsh. She stated he could file a Request for Determination in perpetuity, providing a photograph for use as a baseline. An RDA would be required to repair potholes in the driveway and parking area as well.
Agent Greenberg stated there has been no response from the Gilmores, and suggested the Commission could start ticketing against the violations. DiBlasio emphasized his desire about upholding the regulations and reminding people of violations. He stated Dawn Rickman, Town Clerk, said we could issue liens against people’s property. Moe moved to issue tickets for the Gilmore property; seconded by Franklin, passed 6-0. The Building Inspector and Conservation Agent would enforce.
Agent Greenberg reported she has seen items being moved out of the Danforth residence, as well as a turkey pen being built in the wetlands. She advised the Commission that the BOH may make a motion for condemnation of the property. Since the Courts dismissed the fines, condemnation seems the only answer to the problem.
Page expressed concern about the Delaware Horseshoe Crab population in the area. She stated it appears it is down 1/3 of what it used to be. They are being harvested in Wellfleet Bay for bait, and pharmaceuticals. Franklin stated there is no jurisdiction in Wellfleet and DMF would be the enforcement agency. Agent Greenberg suggested writing a letter to DMF. Banner suggested educating the public with an article in a local newspaper. Brenda Boleyn of Truro was writing articles about the crabs. DiBlaso volunteered to get in touch with her for further information.
Moe reported there will be a hearing on the Herring River Restoration MOU on June 28, 2005 at 7:00 pm at the library.
Jurisdictional Opinion:
Crocker Trust, 91 Commercial Street, Map 21, Parcel 129. Due to snow damage, the front deck requires replacing and the front portion of the roof needs to be reshingled. Banner moved to approve the JO; seconded by Moe; passed 5-1.
Correspondence:
Franklin reviewed the letter Agent Greenberg sent to Danforth and a letter sent to the BOS from George Price regarding the Herring River Dike.
MISC.
Agent Greenberg does not feel the Commission needs to see Kevin Young on the retaining wall (previously submitted NOI). If the Building Inspector says he has to do work on the ground, then he would come before us again.
Agent Greenberg reported she had a meeting with Nancy Finley regarding the Herring River Restoration MOU.
Assistant Agent Flaherty reported the project on Briar Lane is to repair a well.
Agent Greenberg to find out the definition of bottom culturing.
Banner reported the Alterative Energy Board located two sites. He stated the Planning Board and ZBA informally have stated they would never approve a wind demonstration project. The Board will go before the Selectmen and ask for direction regarding how much electricity the Town uses and what role DEP would play. There appears to be confusion on the steps to get a tower installed regarding permission from the ZBA, the Town Administrator, etc.
Chris Bates will check with Mary Rogers to see if the Planning Board approved the Pyles property.
Public Hearings:
5:00 Bonanno, RDA: Shellfish Grant Extension. Franklin recused herself as a MA Audubon employee. Bonanno stated this is an existing grant from last year consisting of one acre for cultivating oysters. Access to the grant is by foot or boat. Page moved to determine this as a Negative 2; seconded by Banner, passed 5-0.
5:05 North, RDA: 64 Beach Street, Map 35, Parcel 11: Septic System Upgrade. The applicant requested to withdraw the application without prejudice. Page moved to allow withdrawal without prejudice; seconded by DiBlasio; passed 6-0.
5:10 Meyer, RDA: 70 Cliff Road, Map 234, Parcel 135: Construct exterior stairway. Debora Paine, contractor, stated a wing on the house is separate from the main house. It is out of the 50 foot zone but in the 100 foot buffer zone. Moe moved to determine this as a Negative 3; seconded by Page; passed 6-0.
5:15 MA Dept of Conservation and Recreation: NOI: Improvements to the Cape Cod Rail Trail. Bryan Madden, Daniel O’Brien and John Hendrickson represented the applicant. DEP file number 77-1072. No Natural Heritage letter has been received as of this date. Mr. Madden explained the trail was built in 1993 and has significant damage due to tree roots. Some of the areas will be completely destroyed and replaced, while other areas will receive 4 inches of new asphalt. Areas will have loam placed and reseeded. The LeCount Hollow parking lot wooden fence will be replaced, and 6 inches of
top soil will be removed and replaced with gravel. There will be selective locust trees removed and a routine maintenance program will be established. The National Park is working with abutters located near the trail regarding private materials being left in the area. The Park has set up an agreement that the Town would service the privy located at LeCount Hollow. Franklin read a letter from the National Seashore regarding their concern about the herring run at Fresh Brook and the need to replace the weir. She will get in touch with the Town’s Herring Warden. Moe moved to continue the hearing to July 6, 2005; seconded by DiBlasio; passed 6-0.
5:30 Menegay Trust, NOI: 190 Blue Heron Road, Map 41, Parcel 12: Construct new dwelling (Cont’d from 05/18/05). Gordon Peabody and Joy Cuming represented the applicant. They produced the abutter green cards as required for approval. Moe moved to approve the NOI with the same conditions as discussed at the 05/18/05 meeting; seconded by Banner; passed 6-0.
5:36 Geiger, NOI: Baker Road Ext., Map 29, Parcel 335.1: Build an addition to dwelling. DEP # SE77-1073. No Natural Heritage letter had been received as yet. Richard Lay represented the applicant. A site visit was made. The dwelling is currently 2 bedrooms and with a proposal to add another for a total of 3. Lay stated the oil tank will be removed by hand. The parking area will be reduced. The lot coverage will be 4,755 square feet. He stated there would be no conveyance without subdividing lot 2 and 3 and there would be no building on lot 3. There will be no foundation under the “bridge” linking the addition to the main dwelling. Moe moved to continue to July 6, 2005; seconded by Franklin; passed 6-0.
5:50 Freeman, NOI: 710 Long Pond Road, Map 26, Parcel 636: Septic Upgrade and new well. Matt Farrell of Bennett & O’Reilly represented the applicant. He stated the well and water line will be in the buffer zone. No DEP number had been assigned as yet and no Natural Heritage letter had been received. Moe moved to continue to July 6, 2005; seconded by DiBlasio; passed 6-0.
5:55 Connell, NOI: 60 Ione Road, Map 28, Parcel 64: Septic Upgrade. Matt Farrell of Bennett & O’Reilly represented the applicant. He stated they had received approval from the Board of Health. The septic system will be an alternative treatment system with U/V lights to kill virus and pathogens. No DEP
number had been assigned and no letter from Natural Heritage was received. Moe moved to continue to July 6, 2005; seconded by Franklin; passed 6-0.
6:05 Galvin, NOI: 30 Way 100, Map 41, Parcel 148: Replace existing dwelling. Matt Farrell represented the applicant. DEP # SE77-1074 was assigned. No Natural Heritage letter had been received. He explained there would be a limit of work 10 feet south of the new dwelling and 69 feet from the salt marsh. The septic system will be upgraded, new lawn planting would take place, and they would use the existing footprint for the new dwelling. Moe asked if the house could be moved out of the buffer zone. Galvin stated they thought it would be less intrusive to keep the original footprint by not taking down more trees in the area. The Commission asked about the high water level which is 5 feet below the foundation floor and Farrell stated it
was within regulations. Abutter Christine Martnec Vahides sent a letter endorsing the project. Page moved to continue the hearing to July 6, 2005; seconded by Banner; passed 6-0.
Ginie Page moved to adjourn the meeting at 6:25 pm; seconded by Cyndi Moe; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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